A Colorado Springs high school teacher was convicted of five counts of Sex Assault on a Child by a Person in a Position of Trust in August. The 30 year old German teacher was accused of hitting male students’ genitals in what he claimed was a test to see if the student was wearing a cup known as cup checks. He was found guilty on the five counts which resulted in a sentence of eight years to life in the Colorado Department of Corrections (DOC). Extreme sentences of this type are becoming more common in Colorado.
Indeterminate Sentencing for Cup Checks in Larimer County?
Under C.R.S. 18-1.3-904 – Indeterminate Commitment – the courts can sentence people convicted of certain sexual offenses to an indeterminate amount of time in DOC. Indeterminate Commitment is defined by Colorado law as:
The idea behind the law is public protection. The Colorado Sex Offenders Act, which authorizes this extreme sentencing provision, was put in place to protect members of the public from dangerous sex offenders. The problem is, deciding someone is a ‘dangerous’ sex offender leaves much up to interpretation in Larimer, Boulder, and Grand County.
What Are the Chances You Will Be Released Under Indeterminate Sentencing?
Extreme sentences of this type are becoming more common in Colorado.
With Indeterminate Sentencing, there is always a minimum amount of time to serve. In the case above, the teacher will have to serve at least eight years. Then, he will be eligible for parole. However, the parole board knows when someone is on an indeterminate sentence. Many times, the board will not grant parole until they feel an appropriate amount of treatment has been completed. The problem is, treatment in prison is very underfunded and therefore, there is a long waiting list to get in, especially in the men’s facilities. This can seriously delay incarcerated sex offenders’ ability to make parole and move forward with their lives in the community in Fort Collins, Loveland and Estes Park.